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Terms of Use

Last Updated April 15, 2013

***IMPORTANT, PLEASE READ THESE ONLINE TERMS OF USE CAREFULLY.

SocialBon, Inc., a Delaware corporation doing business as Causely (“Causely,” “we,” “our,” or “us”) provides the websites under the control of Causely (the “Websites” and each individually a “Website”) to you (“you” or “your”) for your personal use conditioned on acceptance of these Terms of Use (“Terms of Use”). If you do not agree to these Terms of Use, please leave this Website.

1. Acceptance of Terms of Use

These Terms of Use constitute a legal agreement between Causely and you.

Please review these Terms of Use carefully. By using the Websites, you agree to be bound by these Terms of Use.

These Terms of Use include a disclaimer of warranties, exclusive remedies and a disclaimer of liability, as well as indemnification by you, in Sections 7, 8, 9 and 10. Please review those sections (and all other terms) carefully.

Please also review our Privacy Policy, which contains important information regarding the collection, use, disclosure and protection of your information. Your agreement to these Terms of Use includes your agreement to our Privacy Policy. You understand that the Terms of Use supplement any end user license agreement for any application (including, but not limited to, any Causely iPhone, iPod Touch, iPad, Android or BlackBerry app) that you use to access the Websites (the “EULA”).If you wish to become a registered user of the games and related services offered through the Websites (collectively, the “Service”), you must also accept our Authorized User Terms of Service, which sets forth the terms of service that govern the Service. If there is a conflict between these Terms of Use, the Authorized User Terms of Service, the Business Affiliate Terms of Service, the EULA and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it, the Terms of Use shall have precedence over general use of the Websites (as a visitor to the Websites), the business Affiliate Terms of Service shall have precedence with respect to the subject matter covered by it, and otherwise the Authorized User Terms of Service shall have precedence.

NOTE THAT, Causely may make changes to these Terms of Use at any time. We encourage you to review our Websites and these Terms of Use regularly for any such changes. Your continued access to or use of the Websites shall be deemed your acceptance of these changes and the reasonableness of these standards for notice.

2. Permitted Use of the Websites

If you have agreed to these Terms of Use and your rights have not been terminated, Causely will provide you access to the Websites. You agree to access and use the Websites, to the extent permitted by the functionality of the Websites, solely for your own non-commercial entertainment purposes, or, if you are an authorized user of the Service and have accepted our Authorized User Terms of Service (an “Authorized User”) or our Business Affiliate Terms of Service, solely within the scope of the license granted to you. You understand that your access rights are personal, nonexclusive and nontransferable, that your rights may be terminated by Causely if you do not abide by these Terms of Use and that you may have liability to Causely and third parties if you misuse the Websites.

You may download or print portions of the content of the Websites, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use. You may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Websites must be in accordance with all applicable laws.You acknowledge that you do not acquire any ownership rights in the Websites or any portions of their content from your access to or use of them.

3. Rights to Content

  1. Website Content. You acknowledge that Causely is responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Websites (other than content uploaded, posted, e-mailed, transmitted or otherwise made available by Authorized Users or Business Affiliates as permitted, respectively by the Authorized User Terms of Service and the Business Affiliate Terms of Service) (the “Website Content”).
  2. Copyrights, Trademarks and Other Proprietary Rights.You agree that Causely and its licensors own all rights, title and interest in the Websites and all Website Content (including, but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Causely game client, and the Causely game clients and server software).All trademarks, service marks and trade names used in the Websites are owned by Causely or other respective owners.The entirety of the Website Content is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).The Websites may contain or reference patents, technologies, products or other proprietary rights of Causely, its third party vendors and other third parties.Nothing on the Websites should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Causely, any of its third party vendors or other third parties.
  3. Causely Names and Logos. The Causely and WeTopia names and logos and all other logos, service marks and trademarks made available through the Service are owned or licensed by Causely (the “Causely Marks”). You agree not to display or use in any manner any Causely Marks without Causely’s prior written consent.
  4. User Submissions. Except as otherwise provided in our Privacy Policy and except for content uploaded and stored by Authorized Users under the Authorized User Terms of Service, any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means (“User Submissions”) will be deemed non-confidential and non-proprietary.We will have no obligations with respect to User Submissions.We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
  5. Feedback. By submitting ideas, suggestions, documents and/or proposals to Causely through emails or through our suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Causely is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Causely shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Causely may have something similar to the Feedback already under consideration or in development, and (v) you are not entitled to any compensation or reimbursement of any kind from Causely under any circumstances. In addition, the Websites may include various forums, blogs and chat features where you can post User Submissions, including observations and comments on designated topics. You acknowledge and agree that Causely cannot guarantee that other members will not use the ideas and information that you post. Therefore, if you have any ideas or information that you wish to keep confidential, do not post it on the Websites.

4. User Conduct

We do not allow unauthorized access (hacking) into the Websites. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Websites is prohibited.

We reserve all rights in the Websites and the Website Content not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Websites or the content of the Websites (in whole or in part) for any purpose.Your use of the Websites does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Websites.

Any use of the Websites or the Website Content, in whole or in part, not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Additional Restrictions on Use

Cheating and Hacking. You agree that you will not, under any circumstances:

- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service, any Causely game or Causely game experience (including any third-party game or game experience made available through the Service), or any portal or webpage that permits users to redeem credits issued through the Service, including the Causely Givingplace;- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Service, any Causely game or any Causely game experience;

- Modify or cause to be modified any files that are a part of the Service or any Causely game;

- Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Service or any Causely game environment; or (ii) the enjoyment of the Service or any Causely game by any other person;

- Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or

- Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by Causely, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service

Commercial Activities. Except as expressly provided in the Business Affiliate Terms of Service, you agree that you will not, under any circumstances:

- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your user account) or access to or use of the Service;

- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

- Use the Service, any Causely game, or any part thereof for any commercial purpose, including, but not limited to: (i) communicating or facilitating any commercial advertisement or solicitation, or (ii) gathering in-game currency, items or resources for sale; or

- Use the Service, any Causely game or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.

Unauthorized Use or Access. You agree that you will not, under any circumstances:

- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Causely game in any way not expressly permitted by the Authorized User Terms of Service;

- Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Service or that is in transit from or to the Service, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Service or any Causely game to store information about Causely game characters, elements or environments;

- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;

- Make any automated use of the Service, or take any action that imposes or may impose (in Causely’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Service;

- Bypass any robot exclusion headers or other measures Causely takes to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service or harvest or manipulate data;

- Use, facilitate, create, or maintain any unauthorized connection to the Service, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service; or (ii) any connection using programs, tools or software not expressly approved by Causely;

- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Causely game, or to obtain any information from the Service or any Causely game;

- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- Solicit or attempt to solicit personal information from other users of the Service or any Causely game;

- Collect, harvest or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image, video or any other form), identification documents; or

- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

General. You agree that you will not, under any circumstances:

- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

- Harm minors in any way;

- Impersonate any person or entity, including, but not limited to, Causely personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

- Violate any applicable local, state, national or international law or regulation; or

- Stalk or otherwise harass another person or entity.

6. Links

The Websites may contain links to other websites or resources that are owned and operated by third parties (each a “Linked Website”).You acknowledge and agree that Causely is not responsible for the availability of such Linked Websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available through such Linked Websites or for your use of them.You further acknowledge and agree that Causely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.

>7. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITES, THE SERVICE AND ALL PRODUCTS ORDERED ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND Causely AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.YOUR USE OF THE WEBSITES AND THE SERVICE IS SOLELY AT YOUR OWN RISK.FURTHERMORE, Causely AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE WEBSITES OR THE SERVICE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8. Exclusive Remedy

If you are dissatisfied with any of the Websites or the Service (including without limitation these Terms of Use), your sole and exclusive remedy is to leave such Website and cease use of the Service.If you are an Authorized User and you are dissatisfied with the Service (including without limitation the Authorized User Terms of Service), your sole and exclusive remedy is to discontinue using the Service.

9. Limitations on Liability

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Causely AND ITS VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE WEBSITES OR THE SERVICE, ANY TERMINATION, SUSPENSION OR OTHER LOSS OF YOUR OR A THIRD PARTY’S SOCIAL NETWORKING ACCOUNT OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE WEBSITES OR THE SERVICE OR ANY SUBJECT MATTER OF THESE TERMS OF USE OR, IF APPLICABLE TO YOU, THE AUTHORIZED USER TERMS OF SERVICE, EVEN IF Causely HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY.IN NO EVENT WILL Causely HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE WEBSITES OR THE SERVICE WHICH IN THE AGGREGATE IS MORE THAN THE AMOUNTS YOU PAID Causely IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.IF YOU HAVE NOT PAID Causely ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Causely IS TO STOP USING THE WEBSITES AND THE SERVICE AND TO CANCEL YOUR ACCOUNT.

10. Indemnification

Causely and its licensors, vendors, insurers, agents and commercial partners and our respective officers, directors, stockholders, employees and agents are, collectively, the “Causely Parties.” You agree to indemnify and hold the Causely Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data you post, transmit or link from on the Websites or the Service, your misuse of the Websites or the Service, including, but not limited to, your violation of these Terms of Use or, if applicable to you, the Authorized User Terms of Service and/or the Business Affiliate Terms of Service, your violation of applicable law or your violation of any rights of any third party.

11. Procedure for Making Claims of Copyright Infringement

Causely will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, title 17, United States Code, Section 512(c)(2) (“DMCA”).If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or the content, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for the Websites (identified below), which must contain the following elements: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; (c) a description of where the content that you claim is infringing is located on the Websites; (d) information sufficient to permit Causely to contact you, such as your physical address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Causely’s Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Agent for Notice of Copyright Claims Causely, Inc. P.O. Box 34126 Lexington, KY 40588

By telephone: 859-514-3860

By e-mail: legal@Causely.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or content. All other inquiries directed to the Designated Agent will not be responded to.

12. Governing Law; Jurisdiction; Venue

The Websites and the Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Causely intends to announce such services or content in your country.Causely controls the Websites and the Service from its offices within the United States, and your data is stored in servers managed by Causely in the United States.Causely makes no representation that the Websites or the Service are appropriate, may be downloaded, or are available for use outside the United States.Access to the Websites and the Service where the content or access or use of the Websites or the Service are illegal is prohibited.Those who choose to access and use the Websites and the Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.

If a dispute arises between you and Causely, we strongly encourage you to contact us directly to seek a resolution by going to **[include email address to appropriate group within Causely]. The laws of the State of Delaware will govern these Terms of Use and all agreements incorporated by reference herein (including without limitation, if applicable to you, the Authorized User Terms of Service), without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms of Use, the Authorized User Terms of Service, or the Websites or the Service.English is the only language applicable to these Terms of Use and all agreements incorporated by reference herein (including without limitation, if applicable to you, the Authorized User Terms of Service).You agree to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Delaware, except that you acknowledge that any breach of Sections 2 and 4 cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause Causely irreparable injury and damage, and Causely shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction. Process may be served on you in the manner authorized by applicable law or court rule.

13. Miscellaneous Terms

If any provision of these Terms of Use or, if applicable to you, the Authorized User Terms of Service, is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force.The failure of either you or Causely to require performance by the other party of any provision of these Terms of Use or, if applicable to you, the Authorized User Terms of Service, will not affect the right to require performance at any time in the future; nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of the provision itself.These Terms of Use and all agreements incorporated by reference herein (including without limitation, if applicable to you, the Authorized User Terms of Service) are the entire and exclusive agreement between you and Causely with respect to your access and use of the Websites.You may not assign this agreement or any portion thereof, in whole or in part, including by operation of law, without Causely’s prior written consent.Causely may freely assign this agreement and delegate its obligations hereunder.Except as otherwise provided herein, any notice permitted or required to be given to Causely under this agreement shall be deemed sufficient, if given by registered or certified mail, postage prepaid, return receipt requested, by private courier service to Causely, Inc., at P.O. Box 34126,Lexington, KY 40588, attn.: John Rougeux, and any notice permitted or required to be given to you under this agreement shall be deemed sufficient, if given by registered or certified mail, postage prepaid, return receipt requested, by private courier service to or by facsimile or email addressed to your address as provided upon your registration if you are an Authorized User, and if you are not an Authorized User, by posting the notice of the change on the Websites.A notice so given shall be effective upon (a) receipt by the party to which the notice is given, or (b) on the fifth day following domestic mailing or the tenth day following international mailing, whichever occurs first.Any notice permitted under this agreement to be given to Causely via email will be effective only upon actual receipt by Causely of an email message from an email address registered in connection with your account.Any delays in performance by Causely under this agreement will not be considered a breach of this agreement.There are no third party beneficiaries to this agreement.