1. ACCEPTANCE OF TERMS OF USE; CHANGES
Welcome to SuperSecret.com (the "Site"). This Site is owned and operated by SuperSecret, Inc. (referred to as "SuperSecret," "us" or "we"). This Site is offered to you on the condition that you accept all of these Terms of Use (the "Terms of Use").
There are two ways that you agree to be bound by these Terms of Use:
(1) By using the Site in any way; and
(2) By creating an account on the Site.
If you are under eighteen, you represent that your parent or legal guardian has read and agreed to these Terms of Use. If you are a parent or legal guardian creating an account on behalf of a minor for whom you have legal responsibility, you agree to these Terms of Use on behalf of that minor and acknowledge that you are responsible for that minor's compliance with the Terms of Use.
IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS IN THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER. We reserve the right to limit or terminate your access to the Site if you do not comply with these Terms of Use.
We may change these Terms of Use at any time. If we make a change, we will post them under the link "Terms of Use" on the front door of the site and/or, at our option, send you an email notification in accordance with Section 15. Please check the Terms of Use by following the link on the front door periodically for changes.
2. INFORMATION YOU PROVIDE US AND YOUR PRIVACY
Your use of the Site is subject to the SuperSecret Privacy Policy.
You agree that all information that you provide us when you create an account will be true and accurate and that you will not impersonate any person when you create an account. If we have reason to believe that the account information that you have provided to us is not accurate, we may terminate your account and your access to the Site.
Your account is password-protected. You are responsible for all activity in your account or under your character name. Do not share your user name or password with any person, unless you are under 18, in which case you can share them with your parent or legal guardian. If you share your password with any person, we are not responsible for actions of that person, including actions they take through your character, charges on your account or access to your personal information.
If you believe that someone has accessed your account or is using your character without your permission or if you become aware of any other security breach, contact us at Customer Support.
SuperSecret is located in the United States. You consent to the collection and processing of information you provide us in the United States, regardless of where you are located. Our collection of any information about you is governed by United States laws.
3. PAID MEMBERSHIP
Membership Payments
Some areas or features of the Site are only available to paying members. To become a member you must agree to be bound by these Terms of Use and the Privacy Policy and pay the membership fee, plus any applicable fees and taxes.
You authorize us to automatically charge your credit card or debit card for the amount of the membership fees for the membership period you select, plus any applicable fees and taxes.
No fees that have been paid will be refunded.
Fees for one month memberships will be charged at the beginning of the monthly period. Monthly membership will automatically renew each month unless you cancel the renewal. See below under "Renewal of Membership" for information on how to cancel the renewal of your membership.
Longer memberships will be charged in a one-time payment at the beginning of the membership period. They are non-cancelable and non-refundable, even if you close your account or delete your character.
Renewal of Membership
If you have selected month-by-month membership, your membership will automatically renew at the end of each month. To cancel your membership renewal, go to "Manage Your Account" and select "cancel membership." Your membership will expire 30 days after the last time your card was charged. If you have selected a membership term other than monthly, SuperSecret will send you email reminders when your membership is about to expire. You may choose to renew your membership by following the procedure outlined in that email.
If you choose not to renew your membership, your character will revert to a 12 year old character and lose the privileges, access and items available only to characters age 13 or beyond.
Change of Fees
All membership fees are subject to change at the discretion of SuperSecret. Your fees will not change in the middle of any membership term, and any changes will be effective upon the next renewal of your membership. If you have selected monthly membership, SuperSecret will notify you of a fee changes by sending you an email in accordance with Section 15. If you do not cancel the renewal of your membership, then the new fees will take effect on the next monthly payment date
Billing Support
If you have any billing problem or question, please email support@supersecret.com.
4. SITE RULES
One User per Account
Each user must have his or her own account. Do not share your account log-in information, including your password, with any other person, unless you are under 18, in which case you may share them with your parent or legal guardian. You may log into your account from one computer only at a time.
Participating in
Super Chat
If you have access to "Super Chat,"
you can compose your own chat messages and send them to other users.
Messages sent through Super Chat are public messages. You are
responsible for all messages that you send through Super Chat and for
making sure that comply with the Terms of Use.
Do not disclose any personal information
about yourself or others when you are using Super Chat. This includes
real names, address, email address, or IM name. While we use software
and humans to monitor Super Chat, it is not possible for us to catch
every instance of inappropriate language, harassment or giving of personal
information. As a result, it is important that you remain cautious.
If you see any inappropriate behavior or violations of the Terms of
Use, let us know at support@supersecret.com.
Inappropriate Communications
You are solely responsible for any
messages, information, ideas, opinions, avatar data and actions that
you submit to the Site ("Your Submissions").
You agree that Your Submissions will
not:
License to Your Submissions
You retain ownership of Your Submissions, but you grant, and you represent and warrant that you have the right to grant, to SuperSecret an irrevocable, perpetual, non-exclusive, fully-paid, transferrable, worldwide license to use, copy, publicly perform, display, distribute, modify, adapt or reformat Your Submissions, to create derivative works of Your Submissions and to incorporate Your Submissions into other works.
You agree that none of Your Submissions shall be deemed confidential or secret information and that Your Submissions will be publicly available through the Site.
Right to Refuse to Post Content
We reserve the right to refuse to post or to remove Your Submissions at any time in our absolute and sole discretion without prior notice. We have no duty to monitor or pre-screen Your Submissions or other peoples' content or communications, but we may do so if we elect. If we elect to screen content, there may be a delay in making the content available on the Site.
No Commercial Use
You understand that the Site is offered to users/players for their personal use only. You may not use the Site as part of your business or for any commercial purpose, including copying any portion of the Site for public display. You may not use the Site to advertise products or services in any way.
5. USER SAFETY
Please take a look at our Safety section for tips on having a safe experience on the Site.
6. NO RESPONSIBILITY FOR OTHER USERS' ACTIONS
You understand that the Site allows users to interact with each other in a virtual environment. We do not verify users or conduct any research or background check. We do not evaluate or control exchanges between users. Any opinions or statements, content or actions of a user are the responsibility of the user alone, and not of SuperSecret.
7. INTELLECTUAL PROPERTY RIGHTS
"SuperSecret" is the registered trademark of SuperSecret. All third party trademarks, trade names, service marks and service names displayed on the Site are the property of their respective holders.
You agree that the Site contains proprietary
information and materials that are owned by SuperSecret or its licensors
and are protected by applicable intellectual property and other laws,
including but not limited to copyright, and that you will not use such
proprietary information or materials in any way whatsoever except for
your personal, non-commercial use of the Site in compliance with the
terms of these Terms of Use. No portion of the Site or the Site may
be reproduced in any form or by any means.
8. SUBMITTED IDEAS
We love to get ideas from our users about the Site. While we try to give users credit for ideas that we incorporate into the Site when we can, it is not possible in every case. Please be aware that we are free to use any ideas, suggestions or content that you submit to us without any compensation or credit. Any ideas or opinions that you send to us will be considered "Your Submissions" under these Terms of Use.
9. SERVICE INTERRUPTION
On occasion, technical problems may delay or prevent your access to the Site. SuperSecret will have no responsibility for your inability to access the Site due to any reason. In the event of a Site failure or interruption that is due to fault of SuperSecret that is of such a duration so as to significantly and materially diminish the benefits of the Site, your sole remedy will be a pro rata refund of your membership payment for the period of the disruption.
Whether a Site interruption is the responsibility of SuperSecret or not, if you were in the middle of an activity, transaction or purchase, or in the process of earning spenders or age points, and you are not able to complete your activity or collect the spenders or age points, we will not be able to replenish your account.
10. CHANGES TO OR TERMINATION OF THE SERVICE
SuperSecret may make changes to the Site from time to time, including by adding or removing features, content and tools and by changing the membership conditions.
SuperSecret may terminate the Site at any time. Your sole and exclusive remedy for any termination of the Site will be a pro rata refund of your membership fees.
11. TERMINATION OR SUSPENSION OF YOUR MEMBERSHIP
SuperSecret reserves the right to terminate your membership or permanently or temporarily restrict your access to the Site, without any liability or refund to you, under the following circumstances: (a) your credit card is invalid or you fail to make any payment when due; (b) you have violated the terms of these Terms of Use or otherwise acted inconsistently with its spirit or letter; (c) SuperSecret determines that you have provided inaccurate information in connection with your registration; (d) requests by law enforcement or other government agencies; and (e) engagement by you in fraudulent or illegal activities.
SuperSecret reserves the right to inform law enforcement of any illegal activity or material that it suspects or discovers on, through, or otherwise relating to the Sites and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated. See our Privacy Policy for further information.
12. NOTICES
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use, to membership fees or to the Site. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Terms of Use or the Privacy Policy or any breach of security involving your personally identifiable information through email.
Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or to the current email address in your profile.
13. COPYRIGHT POLICY
SuperSecret does not encourage or tolerate copyright infringement. Do not post any materials to the Site or provide any materials to us unless you have all necessary rights to do so. It is your responsibility to ensure that you have all necessary rights to Your Submissions.
SuperSecret reserves the right to remove any content from the Site at any time without notice or liability.
It is the policy of SuperSecret to terminate all privileges of any user who repeatedly infringes the copyright rights of others.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please follow the procedures outlined here.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, provide our Copyright Agent with a written notification that contains the following information:
Notice may be sent to our Copyright
Agent as follows:
By mail to:
Attention: Copyright Agent
660 4th Street #483
San Francisco, CA 94107
1 (415) 329-5439
Or by email to:
14. GENERAL INFORMATION
a. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
SuperSecret does not represent or guarantee that the Site will be error-free or that your usage will not be interrupted.
ALL INFORMATION AND SERVICES OFFERED
THROUGH THE SITE ARE PROVIDED "AS-IS"AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND AND SUPERSECRET DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SUPERSECRET DISCLAIMS ANY WARRANTIES
OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions
do not allow the exclusion of implied warranties, some of these exclusions
may not apply to you. If any state or other jurisdiction does
not allow the exclusion or warranties, then SuperSecret's warranties
shall be limited in those jurisdictions to the extent permitted by law.
SUPERSECRET AND ITS AFFILIATES, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE
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, THE SITE OR ANY
CONTENT OR MATERIALS PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED
TO:
WITHOUT LIMITING THE FOREGOING, IN
NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNTS THAT YOU HAVE
PAID TO ACCESS THE SITE.
If any state or other jurisdiction
does not allow the exclusion or limitation of liability for damages
described above, then SuperSecret's liability shall be limited in
those jurisdictions to the extent permitted by law.
b. INDEMNITY AND WAIVER
You agree to indemnify, defend, and hold SuperSecret and its affiliates, officers, directors, employee, agents, licensors, representatives and third-party providers harmless from any damages, liability, claim or demand due to or arising out of:
Indemnification shall include the payment
of reasonable attorneys fees incurred in the defending the claim.
SuperSecret reserves the right to assume
the exclusive defense and control of any matter subject to indemnification
by you, in which event you will fully cooperate with SuperSecret in
asserting any available defenses.
In addition, you agree to waive any
right to sue or recover any damages from SuperSecret and its affiliates,
officers, directors, employee, agents, licensors, representatives and
third-party providers as a result of any decision to remove or refuse
to process any information or content, to warn you, to suspend or terminate
your access to the Site, or to take any other action during the investigation
of a suspected violation or as a result of SuperSecret's conclusion
that a violation of these Terms of Use may have occurred. This waiver
and indemnity provision applies to all violations described in or contemplated
by these Terms of Use.
c. DISPUTES
By accessing the Site, you agree that the statutes and laws of the United States and the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to the Site, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Delaware.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred.
d. OTHER INFORMATION
These Terms of Use, the Privacy Policy and any applicable guidelines posted on the Site govern your use of the Site and constitute the entire Terms of Use between you and SuperSecret regarding your use of the service. These Terms of Use supersedes any prior Terms of Uses between you and SuperSecret relating to your use of the Site (including, but not limited to, any prior versions of these Terms of Use or the Privacy Policy).
These Terms of Use are not assignable, transferable of sub licensable by you except with SuperSecret's prior written consent.
The failure of SuperSecret to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties' original intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15. CONTACTING SUPERSECRET
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.
SuperSecret, Inc.
Attention: Terms of Use
San Francisco, CA 94107
