Terms of Service
Welcome to Robillion, a service of Robillion, Ltd. (“Robillion,” “we” or “us”). The Robillion payment service (the “Service”) enables you (“you” or “User”) to, among other things, store your credit card or debit card number for use in purchasing online currency, goods or services (“Goods”) from a company that operates, publishes or sells web-based games, social websites or other social applications and that accepts payments through our Service (“Robillion Merchant”).
CONSENT TO ELECTRONIC DISCLOSURES
Because our Service is an electronic service, you must consent to Robillion providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.
By consenting to receive information electronically via electronic mail (“email”), Service screens within the games, websites or applications of Robillion Merchants (the “Service Screens”) and the Service website at http://www.Robillion.com (the “Site”), you will receive the following information and disclosures electronically:
* the Robillion Terms of Service, including any future changes
* any other communications, notices or disclosures
To receive this information electronically, and to access and retain any disclosures received, you will need a computer with a minimum web browser version of Microsoft Internet Explorer 6.0 or higher, Mozilla Firefox 2.0 or higher, or Apple Safari 3.0 or higher, as well as the ability to receive and read email.
If you conduct a transaction via the Service:
* you agree to receive information and disclosures regarding the Service electronically via email, Service Screens and the Site and confirm that you will download or print any disclosures for your records * you acknowledge that you can access information that is provided electronically via email, Service Screens and the Site * you consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible
You can withdraw your consent by contacting us at tos@Robillion.com, but you will no longer be able to use the Service. Withdrawing your consent will not affect the validity of transactions already completed or in process. You can obtain a paper copy of an electronic record by contacting us at tos@Robillion.com, but we may charge a fee. To update your contact information, please contact us at tos@Robillion.com.
TERMS AND CONDITIONS
These Terms of Service (as may be amended from time to time, the “Agreement”) are a legal contract between you and Robillion regarding your use of the Service. Please read this Agreement carefully. By accessing or using the Service, you acknowledge that you have read, understood and agree to be legally bound by the following terms and conditions, including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions, please immediately terminate your use of the Service, and follow the instructions below.
Eligibility and Identity Verification
The Service is available only to individuals who are at least 18 years old. By accessing or using the Service, you represent and warrant that you are at least 18 year old, that you otherwise have all necessary rights and capacity to use the Service and that your access to the Service has not previously been suspended or terminated.
You authorize Robillion, and third parties used by Robillion, to make any inquiries that Robillion deems appropriate to verify your identity. This may include, without limitation, asking you for additional information, obtaining a credit report, or consulting other databases or sources.
Your Obligation to Provide Accurate Information
To access and use the Service, you must provide Robillion with certain information regarding the payment device that you would like to charge for transactions using the Service, such as (1) your credit card or debit card number (each, together with the associated credit or deposit account, your “Card”) and (2) the expiration date, Card Verification Number and billing address of your Card. You also must provide Robillion with certain identification and contact information, such as your name and email address. You represent and warrant that all information that you provide to Robillion is true, accurate, current and complete, and you agree to maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Service and refuse any and all current or future use of the Service (or any portion thereof).
Your User ID and Password
When you access and use the Service via a game, website or application, the User ID and password from either the Robillion Merchant or the platform that supports the Robillion Merchant (e.g., Facebook or MySpace) control your access to the Service. Any time that you are logged in to either the Robillion Merchant or its supporting platform, as applicable, you will be able to use the Service without further log-in. That convenience also means that anyone you allow to use your User ID and password, or that you allow to use your access to the Robillion Merchant or its supporting platform, will be able to make purchases with your stored Card. You are responsible for maintaining the confidentiality of your User ID and password and are fully responsible for all activities that occur under your User ID and password. You agree to notify Robillion immediately of any unauthorized use of your User ID or password or any other breach of security.
Using the Service
You can use the Service to pay for purchases of Goods from Robillion Merchants. When you initiate a payment via the Service, you authorize us to charge the Card you have stored with the Service in order to complete the transaction. You also authorize us to credit your appropriate Card if we receive a refund, adjustment or reversal related to any such transaction, and to charge or credit your Card as necessary to correct any error in a prior transaction.
We may decline any transaction you request without notice (1) if we do not receive an approval of the transaction from the issuer of your Card; (2) if we believe, in our sole discretion, that the transaction poses a risk of fraud, money laundering or violation of this Agreement; or (3) we otherwise determine, in our sole discretion, not to process or complete the transaction.
You are responsible for reporting and payment of any applicable taxes arising from your use of the Service, and you agree to comply with all applicable U.S. federal and state tax law as it pertains to your use of the Service.
Payment for Goods may be delayed or terminated in the event that we suspect that the payment may involve fraud, identity theft or any other form of suspicious conduct that would be in violation of applicable U.S. federal or state law or this Agreement, as we may determine in our sole discretion. Should you have any questions regarding the use of our Service, please contact us at tos@Robillion.com.
Changes To The Service
We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any transaction without prior notice to you or the Robillion Merchant.
Consent to Communications
We may use your contact information to send you communications or data from Robillion regarding the Service, or other products and services that we believe might be of interest to you, including but not limited to (1) notices about your use of the Service, including any notices related to violations of use; (2) updates; and (3) promotional information and materials. We give you the opportunity to opt-out of receiving marketing messages from us by following the opt-out instructions provided in the message.
You agree not to:
* use the Service to receive cash advances
* use the Service to purchase cash equivalents, such as prepaid cards or money orders
* impersonate any person or entity, falsely claim an affiliation with any person or entity, access the cards or accounts of others without permission, or perform any other similar fraudulent activity or otherwise send or receive what Robillion reasonably believes to be potentially fraudulent funds
* use the Service, or request or make any payment, for any illegal purpose or with the proceeds of any unlawful activity, or in violation of any local, state, national or international law, including but not limited to laws governing intellectual property, taxation, data protection and privacy
* infringe Robillion’s or any third party’s intellectual property rights, rights of publicity or privacy
* defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Service for any commercial use, it being understood that the Service is for personal use only
* refuse to cooperate in an investigation or provide confirmation of your identity or any other information that you provide to Robillion
* remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or features that enforce limitations on the use of the Service
* reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
* use the Service in any manner that could damage, disable, overburden or impair it, including but not limited to using the Service in an automated manner
* modify, adapt, translate or create derivative works from the Service or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
* intentionally interfere with or damage operation of the Service or any User’s enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code
* use any robot, spider, other automatic device or manual process to monitor or copy the Site without prior written permission
* use any device, software or routine to bypass Robillion’s robot exclusion headers, or interfere or attempt to interfere with the Service
* use the Service in a manner that Robillion or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules
* attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from Robillion and the Robillion Merchant or any third party for the same transaction You agree that Robillion may seize or freeze funds that are reasonably deemed by Robillion to result from a prohibited behavior outlined in this section.
Transaction History and Disputes
You can review your history of payments using the Service at any time by installing the Robillion application for Facebook or for MySpace or, in certain cases, by visiting the website of the applicable Robillion Merchant. You can dispute a particular transaction by clicking on the “Missing Credits?” or similar link within either the Robillion application for Facebook or for MySpace or the website of the applicable Robillion Merchant. Alternatively, you can click on the “Contact Support” link within any Service Screen.
Robillion is not Responsible for Robillion Merchants or Other Third Parties
The Service allows you to purchase Goods from Robillion Merchants. Although Robillion must authorize Robillion Merchants to participate in the Robillion network, we make no representation or warranty regarding those Robillion Merchants or their Goods. We do not endorse any Goods that are available for purchase via the Service, and we take no responsibility for the safety, quality, accuracy, reliability, integrity, legality or delivery of any Goods purchased via the Service, the truth or accuracy of the description of such Goods, or any advice, opinion, offer, proposal, statement, data or other information displayed, distributed or purchased through the Service. You are solely responsible for evaluating each Robillion Merchant and the Goods that each offers.
AS BETWEEN YOU AND ROBILLION, YOUR PURCHASE OF GOODS FROM A ROBILLION MERCHANT IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT WITH THE APPLICABLE ROBILLION MERCHANT, TERMINATION OF THIS AGREEMENT, OR THE DISCONTINUATION OF THE SERVICE.
The Service also contains features and functionality that might link to or provide you with certain functionality and access to third-party content, including but not limited to websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, as well as the Internet as a whole. We do not endorse and are not responsible for any third-party features, functionality, products, services or content you access in connection with the Service.
We disclaim liability or responsibility for, and you irrevocably waive any claim against us with respect to, omissions, errors or defects in any Goods purchased via the Service and any third-party features, functionality, products, services or content you access with the Service.
We reserve the right, but shall have no responsibility, to modify, remove or refuse to make available through the Service any Goods that, in our sole discretion, are objectionable, illegal, fraudulent or otherwise in violation of this Agreement.
Protection of Robillion Intellectual Property
The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services and all other elements of the Site and Service (the “Materials”) are protected by United States copyright, trade dress, patent and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. As between you and Robillion, all Materials, trademarks, service marks and trade names used on the Site or in connection with the Service are the property of Robillion or its third-party licensors or suppliers. You agree not to remove, obscure or alter Robillion’s or any third party’s copyright, patent, trademark or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service. Except as expressly authorized by Robillion, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials. Robillion, Robillion.com, the Robillion logo and the Robillion logo are trademarks or service marks of Robillion, and may not be copied, imitated or used, in whole or in part, without Robillion’s prior written permission.
Robillion reserves all rights not expressly granted in this Agreement. If you have comments regarding the Service or ideas on how to improve it, please contact customer service at support@Robillion.com. Please note that by doing so, you irrevocably assign to Robillion all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Robillion Makes No Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ROBILLION, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF EACH (EACH, A “ROBILLION PARTY,” AND COLLECTIVELY, THE “ROBILLION PARTIES”), DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROBILLION OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, SERVICES OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ROBILLION PARTIES DO NOT WARRANT THAT THE DATA, ROBILLION SOFTWARE, FUNCTIONS OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE ROBILLION PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations Of Liability
IN NO EVENT WILL THE ROBILLION PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST BUSINESS OPPORTUNITIES, LOST REVENUES, LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT; (II) THE SERVICE; (III) YOUR USE OR INABILITY TO USE THE SERVICE; OR (IV) ANY OTHER INTERACTIONS WITH A ROBILLION MERCHANT IN CONNECTION WITH THE SERVICE, EVEN IF A ROBILLION PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ROBILLION PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE OR SERVICES; (2) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND OTHER WEBSITES, SERVICES, SOFTWARE OR HARDWARE; (3) ANY DELAYS OR FAILURES THAT YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE IN AN ACCURATE OR TIMELY MANNER; OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE OR SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE ROBILLION PARTIES TO YOU FOR ALL DAMAGES, LIABILITIES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO (A) THIS AGREEMENT; (B) THE SERVICE; (C) YOUR USE OR INABILITY TO USE THE SERVICE; OR (D) ANY OTHER INTERACTIONS WITH A ROBILLION MERCHANT IN CONNECTION WITH THE SERVICE, HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WARRANTY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT ROBILLION HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ROBILLION PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ROBILLION.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ROBILLION PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE ROBILLION PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Robillion Parties from and against all losses, expenses, damages and costs, including but not limited to reasonable attorneys’ fees, resulting from (1) your use of the Services; (2) your breach of this Agreement, including but not limited to any of your representations, warranties or covenants; (3) any dispute or litigation arising from your actions or omissions; or (4) your negligence or violation or alleged violation of any law or rights of a third party. Robillion reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Robillion in asserting any available defenses.
Time Period For Claims
ANY CLAIM RELATED TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED.
IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
Suspension And Termination
You may terminate this Agreement at any time by contacting us at tos@Robillion.com. Any termination by you will not affect transactions in process at the time of terminatior>
We may limit, suspend or terminate your access to or use of the Service at any time in our sole discretion without liability to you or any third party. In the event that we suspend your access to or use of the Service, we will attempt to contact you in order to inform you of the suspension. Such suspension will not affect your rights and responsibilities under this Agreement for the periods of time before and after your suspension. Upon termination, your right to use the Service stops immediately and you agree to cease all such use. Any such termination by us also constitutes termination of this Agreement. Once the Services are cancelled or suspended, you will not have any access to data retained by our system.
We Are NOT A Bank
Our sole function is to process purchase transactions for approved Goods. We are not a bank or insured depository institution. Any funds that we or our service providers (including bank service providers) hold in relation to the processing of purchase transactions are not your deposit obligations and are not insured by the Federal Deposit Insurance Corporation or any other agency.
Choice of Law And Location for Resolving Disputes
This Agreement shall be governed by and construed in accordance with the laws of the New Zealand, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Robillion or relating in any way to your use of the Service resides in the courts of New Zealand, and you further expressly consent to the exercise of personal jurisdiction in the courts of New Zealand in connection with any such dispute, including any claim involving any Robillion Party.
If you use the Service from outside the United States, you consent to the processing and storage of your personal information in the United States.
We may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, you may notify us by e- mail at tos@Robillion.com.
Upon termination of your use of the Service or termination of this Agreement for any reason, the following sections shall survive termination, including this section: J-N and Q.
Modifications To This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time (each, a “Change”). We encourage you to check the date of our Agreement whenever you visit the Site, to determine if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any Changes. You can find the most recent version of this Agreement at http://www.Robillion.com/tos.html, with the date of last modification noted above.
Changes will become effective, and shall be deemed accepted by you, on the later of (1) 24 hours after the initial posting or (2) the expiration of any notice period required by law, and shall apply on a going-forward basis with respect to transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Service. Your continued use of the Service following the posting of modifications will constitute your acceptance of the revised terms and conditions.
Robillion may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other party. Any attempt by you to do so is void.
The failure of Robillion to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For purposes of this Agreement, Robillion’s business days are Monday through Friday, excluding state and federal holidays.
Effective March 12th, 2011