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Terms of Service

PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE TRUBAND SERVICES ARE NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE THE TRUBAND SERVICES MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

THESE TERMS OF SERVICE CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE TRUBAND SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IN ORDER FOR YOU TO HAVE ACCESS TO THE TRUBAND SERVICES, THESE TERMS OF SERVICE MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE TRUBAND SERVICES. YOU MAY BE DENIED ACCESS TO THE TRUBAND SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THESE TERMS OF SERVICE.


1. Introduction..

(A) Governing Terms: These Terms Of Service apply to the United States operations for the social networking and entertainment services that we offer through our web site located at www.truband.com, supported mobile devices, consumer electronics devices and other mechanisms, which we collectively call the Truband Services. These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Truband website in relation to a specific service or feature and the Truband Privacy Policy (collectively, "Terms of Service"), set forth the terms and conditions that apply to your use of Truband.com. By using Truband.com, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use Truband.com.


(B) Changes to Terms of Service: Truband may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Truband will notify you of any modifications to these Terms of Service with one or both of the following methods:
       i. We will post any modifications on www.truband.com or within the Truband Service, and/or we will send you a message informing you of the modified terms and linking you to the posting at www.truband.com. You agree that you will, periodically check www.truband.com for updates to these Terms of Service.
       ii. You will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.truband.com and that your continued use of the Truband Services after such notice shall be deemed an acceptance of any changes. You agree to be bound by any application, forum, or game specific rules published within the Truband Service.


(C) Changes to Site: Truband may change or discontinue any aspect, service or feature of Truband.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use, with or without notice to you, without liability.


(D) U.S. Residents: Age Requirement; Authority. In order to use any of the Truband Services, you must be a resident of the United States of America and at least 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on Truband.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and Truband. You represent that you have read and understood, and that you agree to be bound by, these Terms of Service. If you do not agree to, or cannot comply with, any of these terms and conditions of these Terms of Service, please do not check the acceptance box and do not attempt to access any of the Truband Services.


(E) Registration: You will be given the opportunity to register via an online registration form to create a user account (your "Account") that may allow you to receive information from Truband and/or to participate in certain features on the Site such as certain Interactive Areas. In order to register for the Truband Services you will need to complete a 32 question personality survey (the "Truband Q"). Truband will use the information you provide in accordance with the Truband Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form and the Truband Q is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that Truband may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.


(F) Equipment: You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of Truband.com and all charges related to the same.


2. Privacy Notice
Your privacy is important to Truband. Truband's Privacy Notice is hereby incorporated into these Terms of Service by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
In addition, never display any personal information that could be used to find you in the real, off-line, world -- for example, your full real name, mailing or home address, school, or phone numbers.


3. Community Guidelines & User Content
(A) Interactive Areas: The Truband Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Truband and/or to or via the Truband Service ("Interactive Areas") including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to The Truband Service will be treated as non-confidential and non-proprietary.

You are solely responsible for your use of any Interactive Areas and you use them at your own risk. You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Service without Truband incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.


(B) User Content Disclaimer: You understand that when using the Truband Services you will be exposed to User Content from a variety of sources, and that Truband is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Truband does not endorse and has no control over the User Content submitted by others to the Interactive Areas. User Content submitted to Interactive Areas is not reviewed by Truband prior to posting and does not necessarily reflect the opinions or policies of Truband. Truband makes no warranties, express or implied, as to the User Content in the Interactive Areas. Nonetheless, Truband reserves the right to prevent Users from submitting User Content to Interactive Areas and to edit, restrict or remove such User Content for any reason at any time.
You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Truband with respect thereto, and agree to indemnify and hold Truband, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Truband Services. Truband does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Truband expressly disclaims any and all liability in connection with User Content.

(C) Messaging and Chat: You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, the Truband Services. Truband accepts no responsibility whatsoever in connection with or arising from such Messages. Truband does not endorse and has no control over the content of Messages submitted by others to the Interactive Areas. Messages submitted to Interactive Areas are not reviewed by Truband prior to posting and do not necessarily reflect the opinions or policies of Truband. Truband makes no warranties, express or implied, as to the content of the Messages in the Interactive Areas or the accuracy and reliability of any Messages and other materials in the Interactive Areas. Nonetheless, Truband reserves the right to prevent Users from submitting User Content to Interactive Areas and to edit, restrict or remove such Messages for any reason at any time.

(D) Community Guidelines: If you submit any User Content or participate in an Interactive Area within or in connection with Truband.com, you agree to abide by the following rules of conduct:

  • You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
  • You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
  • You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
  • You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
  • You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
  • You agree not to upload, post or otherwise transmit, without Truband's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
  • You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
  • You agree not to impersonate any person or entity, including, but not limited to, any Truband employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Truband.com users or posting private information about a third party;
  • You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
  • You agree not to interfere with or disrupt Truband.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Truband.com, use of Truband.com, or access to Truband.com;
  • You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Truband, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Truband.com;
  • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Truband.com;
  • You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Truband.

Any conduct that in Truband's sole discretion restricts or inhibits anyone else from using or enjoying Truband.com will not be permitted. Truband reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Truband is not responsible for User Content submitted to Truband.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of Truband.com.


(E) Monitoring: Truband shall have the right, but not the obligation, to monitor User Content posted or uploaded to Truband.com to determine compliance with these Terms of Service and any operating rules established by Truband and to satisfy any law, regulation or authorized government request. Although Truband has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Truband.com, Truband reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to Truband.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.


(F) License to User Content: By submitting User Content to Truband.com, you automatically grant Truband, the royalty-free, perpetual, irrevocable, non-exclusive right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, adapt, edit, create derivative works from, incorporate into other works, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed worldwide, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant Truband the right to pursue at law any person or entity that violates your or Truband's rights in the User Content by a breach of these Terms of Service.


(G) Moral Rights If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Truband or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Truband, and its licensees, successors and assigns, from any claims that you could otherwise assert against Truband by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.


(H) Confidentiality of User Content: User Content submitted by you will be considered non-confidential and Truband is under no obligation to treat such User Content as proprietary information except pursuant to the Truband Privacy Policy. Without limiting the foregoing, Truband reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Truband is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Truband. Truband shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.


4. Copyright Ownership

Truband.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Truband.com are copyrighted as a collective work under the United States copyright laws. Truband owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Truband and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Truband in connection with the use of the Truband Service shall be the exclusive property of Truband. You agree that unless otherwise prohibited by law Truband may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.


5. Third Party Content.

Truband is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of Truband.com, are those of the respective author(s) or distributor(s) and not of Truband. Neither Truband nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Truband.com represents the opinions and judgments of the respective user or information provider not under contract with Truband. Truband neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Truband.com by any third party. Under no circumstances will Truband be liable for any loss or damage caused by your use or reliance on information obtained through Truband.com. Truband is not responsible for any actions or inaction on your part based on the information that is presented on Truband.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Truband.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


6. Security..

The Truband Services use technology to protect the digital information provided by Truband from unauthorized use. Your use of the Truband Services may be limited by such technology. You acknowledge that, from time to time, Truband may modify or discontinue using such technology. Security modifications made by Truband may from time to time include required updates to the Truband Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.


7. Advertisements and Promotions.

Truband may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Truband, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Truband is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.


8. Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF TRUBAND.COM IS AT YOUR SOLE RISK. NEITHER TRUBAND, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TRUBAND.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRUBAND.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TRUBAND.COM.


(B) TRUBAND.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.


(C) THE TRUBAND Q IS A PERSONALITY SURVEY DESIGNED TO DETERMINE CERTAIN PERSONALITY CHARACTERISTICS, BUT THE TRUBAND Q IS DEFINED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON TRUBAND.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL OR PSYCHOLOGICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. TRUBAND IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN TRUBAND.COM.


(D) TRUBAND.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON TRUBAND.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. TRUBAND IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN TRUBAND.COM.


(E) NEITHER TRUBAND, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


(F) IN NO EVENT WILL TRUBAND, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TRUBAND.COM OR THE TRUBAND.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TRUBAND.COM..


(G) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TRUBAND, ITS SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TRUBAND.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER TRUBAND, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION


(H) TRUBAND DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING TRUBAND.COM, YOU ACKNOWLEDGE AND AGREE TO TRUBAND'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE TRUBAND.COM.


9. In-Game currencies/goods.

(A) The Truband Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from Truband for "real world" money if you are a legal adult in your country of residence. The Truband Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Truband or other third party vendors for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Truband or any other party.


(B) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Truband Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Truband Service, or any other attributes associated with use of the Truband Service or stored within the Truband Service.


(C) Truband has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Truband shall have no liability to you or anyone for the exercise of such rights.


(D) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Truband Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from Truband Service and possible legal action.


(E) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Truband's sole and absolute discretion, or if Truband discontinues providing the Truband Service.


10. Fees and Payment Terms.

Truband may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Truband Service. Truband reserves the right to change its fees at any time, and will provide notice upon the site. Use of the Truband Services by you following such notification constitutes your acceptance of any new or increased charges. If you purchase Virtual Currency to purchase Virtual Goods, or otherwise buy products or services from Truband, then you agree to pay for any such purchases, Virtual Currency, Virtual Goods, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Truband if your selected payment method is cancelled or compromised (e.g., for loss or theft).


You are responsible for all charges incurred under your Account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Truband Services, including, but not limited to, sales, use or value-added taxes. To the extent Truband is obligated to collect such taxes, the applicable tax will be added to your billing account.


11.Third-Party Sites, Products and Services; Links. .

Truband Services may include links to other web sites or services solely as a convenience to Members ("linked sites"). Truband does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Truband makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Truband shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.


12. Indemnification..

You agree to defend, indemnify and hold harmless Truband, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Truband.com by you or your Account.


13. Termination. .

These Terms of Service are effective until terminated by either party. You may terminate these Terms of Service by destroying all Truband Services-related materials obtained from the Truband Services, Truband or any other web site or source. The privileges granted to you under these Terms of Service will terminate immediately and automatically without notice from Truband if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service or in the event of any conduct by you which Truband, in its sole discretion, considers to be unacceptable.


14. Trademarks.

Truband, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on Truband.com are the property of their respective owners.


15. Miscellaneous. .

(A) These Terms of Service and any operating rules for Truband.com established by Truband constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of Truband, its subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. YOU AND TRUBAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRUBAND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


(B) Truband operates and controls the Truband Services from its offices in the United States. Truband makes no representation that the Truband Services are appropriate or available in other locations. The information provided on the Truband Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Truband to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Truband Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Truband Services may be subject to United States export controls. Thus, no software from the Truband Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service to any party at any time without any notice to you. You may not assign these Terms of Service without Truband's prior written consent. If any provision of these Terms of Service is found to be illegal or unenforceable, the Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Truband's request, you will furnish Truband any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Truband by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.


16. Copyrights and Copyright Agent..

Truband respects the rights of all copyright holders and in this regard, Truband has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Truband's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(D) Information reasonably sufficient to permit us to contact the complaining party;
(E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



For copyright inquiries under the Digital Millennium Copyright Act
please contact:
Intellectual Property Agent
P.O. Box 30756
Bethesda, MD 20895
Email: info@truband.com
These Terms of Service were last updated on September 20, 2010.

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