This Statement of Rights and Responsibilities ("Statement") derives from the Virtual Rabbit Principles, and governs our relationship with users and others who interact with Virtual Rabbit, LLC. By using or accessing Virtual Rabbit, LLC, you agree to this Statement.
2. Sharing Your Content and Information.You own all of the content and information you update on Virtual Rabbit, and you can control how it is shared through your privacy and application settings. In addition:
3. Safety. We do our best to keep Virtual Rabbit, LLC safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
4. Registration and Account Security. Virtual Rabbit, LLC users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
5. Protecting Other People's Rights.We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Virtual Rabbit, LLC that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Virtual Rabbit, LLC if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Virtual Rabbit, LLC, the Virtual Rabbit, LLC and Virtual Rabbit, LLC Logos, or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on Virtual Rabbit, LLC.
6. Payments. If you make a payment on Virtual Rabbit, LLC or use Virtual Rabbit, LLC Credits, you agree to our Payments Terms.
Special Provisions Applicable to Embed Code
If you include our Embed Code on your website, the following additional terms apply to you:
We give you permission to use Virtual Rabbit, LLC's Embed Code so that users can view content from your website on Virtual Rabbit, LLC and vice versa.
You give us permission to use such links and content on Virtual Rabbit, LLC.
You will not place Virtual Rabbit embed code on any page containing content that would violate this Statement if posted on Virtual Rabbit, LLC.
Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Platform Guidelines and our Advertising Guidelines.
Your access to and use of data you receive from Virtual Rabbit, LLC, will be limited as follows:
You will only request data you need to operate your application.
You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
You will delete all data you received from Virtual Rabbit, LLC if we disable your application or ask you to do so.
We can require you to update any data you have received from us.
We can limit your access to data.
You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
You will not give us information that you independently collect from a user or a user's content without that user's consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users.
You will provide customer support for your application.
You will not show third party ads or web search boxes on Virtual Rabbit, LLC user profiles or Pages.
We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with Virtual Rabbit, LLC to others.
You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines.
We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Virtual Rabbit, LLC user data subject to the VPPA. You acknowledge Virtual Rabbit, LLC has no obligations under the VPPA.
We do not guarantee that Platform will always be free.
You give us all rights necessary to enable your application to work with Virtual Rabbit, LLC, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
You give us the right to link to or frame your application and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
About Advertisements on Virtual Rabbit, LLC
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Virtual Rabbit, LLC or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
Your ads will comply with our Advertising Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with Virtual Rabbit, LLC without written permission.
We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
Special Provisions Applicable to Pages
Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Virtual Rabbit, LLC exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Virtual Rabbit, LLC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP Virtual Rabbit, LLC UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Virtual Rabbit, LLC "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Virtual Rabbit, LLC WILL BE SAFE OR SECURE. Virtual Rabbit, LLC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Virtual Rabbit, LLC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Virtual Rabbit, LLC WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Virtual Rabbit, LLC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "Virtual Rabbit, LLC" we mean the features and services we make available, including through (a) our website at www.Virtual Rabbit, LLC.com and any other Virtual Rabbit, LLC branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "us," "we" and "our" we mean Virtual Rabbit, LLC, Inc., or if you are outside of the United States, Virtual Rabbit, LLC Ireland Limited.
By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from Virtual Rabbit, LLC or provide data to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Virtual Rabbit, LLC that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Virtual Rabbit, LLC or provide to Virtual Rabbit, LLC through Platform.
By "post" we mean post on Virtual Rabbit, LLC or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Virtual Rabbit, LLC at least once in the previous 30 days.
By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
This Statement makes up the entire agreement between the parties regarding Virtual Rabbit, LLC, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.