Terms Of Service

Last Updated 5th April 2020
In General RBXCity LLC (“RBX”) owns and operates the website https://rbxtoys.com (the “Website”). These Terms of Service (this “Agreement”) governs your use of the Website. Access to and use of the Website and the products and services available through the Website (collectively, the "Services") are subject to this Agreement. This Agreement is a binding agreement between you and RBX, and governs your access and use of the Website, which includes any text, photographs, graphics, user interfaces, pictures, designs, music, sound, video, information, data, tools, products, applications, software, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website. By accessing the Website, you are agreeing to this Agreement, as may be updated by RBX from time to time. Please read this Agreement carefully. Your right to use the Website is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. You are responsible for checking this page regularly to take notice of any changes RBX may have made to this Agreement. Terms of Usage Receiving tickets from the completion of offers is determined by the company that provides such offer (the “Sponsor”). For offers that are not completed to the standards set by the Sponsor, tickets may not be credited. In addition, there may be a delay from the time the offer is completed by you to when the tickets are credited to you. The availability of virtual game goods (for redemption with tickets) may vary according to availability and subject to any delays resulting from website errors, bugs, or unforeseen circumstances, in each case for which RBX will not be responsible. RBX retains the right to refuse any request made by you. This will usually be RBX or may in some cases be a third-party. Where a contract is made with a third-party, RBX is not acting as either agent or principal and the contract is made between yourself and that third-party and will be subject to the terms of usage which such third-party supplies to you. Third-Party Websites and Content The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as text, photographs, graphics, user interfaces, pictures, designs, music, sound, video, information, data, tools, products, applications, software, services and other content or items belonging to or originating from third-parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by RBX, and RBX is not responsible for any ThirdParty Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the 2 Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any ThirdParty Websites or any Third-Party Content does not imply approval or endorsement thereof by RBX. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement does not govern the Third-Party Website or Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which you navigate from the Website or relating to any applications you use or install from the Website. Any transactions you make through Third-Party Websites will be through other websites and from other companies, and RBX takes no responsibility whatsoever in relation to such transactions, which are exclusively between you and the applicable third party. You agree and acknowledge that RBX does not endorse the products or services offered on Third-Party Websites and you hereby hold RBX harmless from any harm caused by your use of products or services offered on Third-Party Websites. Additionally, you hereby hold RBX harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. Prohibited Activities You may not access or use the Website for any purpose other than that for which RBX makes the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by RBX. As a user of the Website, you agree not to: 1. make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; 2. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein; 3. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website; 4. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website; 5. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website; 6. disparage, tarnish, or otherwise harm, in RBX’s opinion, RBX and/or the Website; 7. use the Website in a manner inconsistent with any applicable laws or regulations. 3 Excluded Users and Territories You are not permitted to use any of the Services, including submitting any claims for rewards from RBX’s catalog, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (ii) identified as a “Specially Designated National” or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation. Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through the Website remains the property of RBX or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by RBX and its licensors. You may store, print and display the content supplied to you on or through the Website solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you on or through the Website nor may you use any such content in connection with any business or commercial enterprises. Disclaimer as to Third-Party Content Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, third party content, third-party services and/or third-party locations featured on this Website are in no way associated, linked or affiliated with RBX and you should not rely on the existence of such a connection or affiliation. Any trademark or brand names featured on this Website are owned by the respective trademark owners. Where a thirdparty trademark or third-party brand name is referred to, it is used solely to describe or identify products and/or services and is in no way an assertion that such products or services are endorsed by or connected to RBX. Disclaimer THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “ASAVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RBX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE OR YOUR USE THEREOF OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. RBX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, OR THE SERVICES AND RBX DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES, (3) ANY 4 UNAUTHORIZED ACCESS TO OR USE OF RBX’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. RBX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE, ANY THIRD-PARTY WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RBX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability NEITHER RBX NOR ITS DIRECTORS, EMPLOYEES, OR AGENTS ARE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, SERVICES OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES OR FOR DISPUTES AGAINST RBX OR ANY OF RBX’S AFFILIATES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT. Indemnification By using the Website, you agree to defend, indemnify, and hold RBX and its officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including without limitation, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Website or any goods and services available on or through the Website, or any violation by you of the terms and conditions of this Agreement, RBX’s privacy policy or any other policy posted on the Website applicable to your use of the Website. RBX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with RBX in asserting any available defenses. RBX will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of such claim, action or proceeding. 5 Arbitration Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and RBX or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by you and RBX in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). To the fullest extent permitted by applicable law, you and RBX must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor RBX may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law. Linking to this Website You may link to RBX’s home page, provided you do so in a way that is fair and legal and does not damage RBX’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on RBX’s part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. RBX reserves the right to withdraw linking permission without notice. Modifications and Interruptions RBX reserves the right to change, modify, or remove the contents of the Website at any time or for any reason at RBX’s sole discretion without notice. However, RBX has no obligation to update any information on the Website. RBX also reserves the right to modify or discontinue all or part of the Website without notice at any time. RBX will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of the Website. 6 RBX cannot guarantee the Website will be available at all times. RBX may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. RBX reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that RBX has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in this Agreement will be construed to obligate RBX to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith. Governing Law You agree that the laws of the State of New York, excluding its conflict of laws rules, this Agreement, RBX’s privacy policy and any other policies posted on the Website applicable to your use of the Website, shall govern your use of the Website. Subject to the parties obligation to arbitrate all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action), as set forth above, you expressly agree that exclusive jurisdiction for enforcing the results of any such arbitrated controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) with RBX (or any of our affiliates) resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such enforcement. Complaints RBX operates a complaints handling procedure to resolve disputes. Please contact us by e-mail at [email protected]. A response is not guaranteed. Miscellaneous This Agreement and any policies or operating rules posted by RBX on the Website or in respect to the Website constitute the entire agreement and understanding between you and RBX. RBX’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. RBX may assign any or all of RBX’s rights and obligations to others at any time. RBX shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond RBX’s reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and RBX as a result of this Agreement or use of the Website. You agree that this Agreement will not be construed against RBX by virtue of having drafted this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by you to execute this Agreement.