- $2000 Cash
- Play now or text
MOVIE to 41414
- Holiday Cash
- Play now or text
MONEY to 41414
Legal Stuff
Privacy Policy
Limbo spends a lot of time worrying about your privacy and your experience using our programs and games. This privacy policy describes how we gather, store, and use information about you. This policy applies to all games and services provided by Limbo, including Limbo UNIQUE, the Limbo website (www.limbo.com), and future creations. If you have any questions or concerns, please contact us at help@limbo.com.
Please note that you may link through the Limbo website to other third-party websites. Such sites are not controlled by Limbo, and this privacy policy does not apply to these third-party sites. You should review the privacy policy of any website you visit
What information does Limbo collect?
Limbo collects data about you using a number of methods: (1) through our games, including Limbo UNIQUE; (2) on the Limbo website; and (3) through our marketing partners. We may collect data through other channels in the future, but, for now, these are the primary ways through which we gather data.
The data we gather about you can vary according to the method through which the data is gathered. When you participate in one of our games, such as the Limbo UNIQUE, we gather information associated with telephone (this may be a mobile or landline phone). If you successfully win one of our sweepstakes, we gather additional information to confirm your winning of the prize and to enable its subsequent shipping. The information we gather, regardless of the channel through which it is gathered, may include your name, address, email, phone, demographic data, Limbo usage data, connection data associated with your mobile device or computer, and/or service provider data. We may gather additional personal or nonpersonal information in the future. And we may also combine nonpersonal data (such as Limbo website usage) with personal information.
Limbo does not intentionally gather data from or about children. Minors are permitted to participate in a limited number of Limbo games, and eligibility is clearly stated in the rules for each game.
What are cookies, and how do we use them?
Cookies are small text files that let us recognize your browser as you move through the Limbo website. We specifically use cookies to personalize your experience on our site. We also use cookies to understand how you use our site, in addition to using them to tailor content and offers for when you visit the site. Moreover, cookies are used to manage the contents of your shopping basket as you use your Loot. (Cookie information may be linked to your personal information for all of the purposes described above.)
From time to time, Limbo may let other companies deliver a cookie while you are on the Limbo website. These cookies (third-party cookies) will always be delivered on behalf of Limbo. In some cases, third-party cookies will be associated with providing website usage and traffic information. In other cases, they may be associated with advertising and content you see on the Limbo website.
Limbo and its partners may also use Web beacons on the website. Web beacons are clear pixels served by another party on the Limbo website. Web beacons will be used for generally the same purposes as cookies on the website.
What do we do with your information?
Limbo uses the information we collect about you to process all aspects of our games and services. We may also hire third parties to provide certain services (such as ad serving or email delivery). In such cases, our service providers (acting as our agents) will be required to adhere to this privacy policy.
We also use your information for marketing purposes - specifically to send you additional notices and updates about offerings from Limbo. We may, in the future, provide information about you to marketing partners - but we'll make sure to get your consent before this happens.
And, of course, we may need to use or share your information in response to any legal action or investigation by authorities. We may also share your data if we believe that such sharing will prevent a potential or actual injury or if doing so will prevent interference with Limbo's operations, property, systems, or legal rights. In these cases, we will not secure your consent prior to sharing your information.
Where is your information stored?
Limbo primarily operates in California and New York. But given the expansive nature of both the Internet and our programs, we may store your data in numerous locations around the United States.
We want you to say "Yes"!
The entire Limbo experience is based on our sharing information with you and you sharing information with us. We need to receive information from you to process bids in Limbo UNIQUE and to redeem your Loot. Prior to using any Limbo service, we will get your consent for participation and for our data practices (as described in this privacy policy). We will even double-check just to make sure that you agree to these terms! We feel that this 'double opt-in' is an important protection for you, as we want to make sure that you understand our programs and our privacy policy.
If you ever want to terminate your relationship with Limbo, please just send us an email at help@Limbo.com. We will stop your participation but will retain and use your data as otherwise described in this privacy policy.
We protect your information.
We only collect and use your information in accordance with this privacy policy, and we maintain appropriate safeguards to ensure the security and integrity of the information you provide. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will also provide sufficient protection of that information.
What if your information changes?
You can update your account profile to change any of the personal information we have gathered at any time.
Where do I go with questions?
California Residents: Your California Privacy Rights
Under California law, California Residents who have an established business relationship with (Limbo, Inc) ('Limbo') may choose to opt out of Limbo disclosure of personal information to third parties for purposes of direct marketing. Limbo does not share personal information for direct marketing purposes without your prior approval. If you wish to revoke your consent for such information-sharing for third-party direct marketing at any time after granting approval, .
Loot Terms and Conditions
The following terms and conditions (these “Terms and Conditions”) contain important information regarding the Loot program (the “Loot Program”), and are in addition to the terms and conditions of use contained in the Limbo Privacy Policy (the “Privacy Policy”) that govern your use of the Limbo website (www.Limbo.com) (the “Site”) in general. Please read them carefully. All of the terms and conditions of use contained in the User Terms and Conditions and Privacy Policy are deemed incorporated into these Terms and Conditions by this reference. These Terms and Conditions are a binding agreement between you and Limbo. They govern your use of and participation in the Loot Program.
Limbo reserves the right to modify these Terms and Conditions, at any time, without notice, so it is important to check them periodically. Continued use of the Site and participation in the Loot Program is considered acceptance of these Terms and Conditions posted to the Site and any modified terms included therein.
“Loot” is the currency used when a Member completes certain Loot Program earning activities as described herein and elsewhere on the Site. You acknowledge that Limbo is under no obligation to provide a particular number of opportunities for you to earn Loot. You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the Loot Program.
Limbo will use SMS messages and email to contact you in connection with various aspects of the Loot Program. Please note that charges for SMS messages may be charged to you by your wireless carrier for SMS messages, in accordance with your individual service plan.
1. Membership Registration Requirements
* Before being able to participate in the Loot Program, you must register as a member of the Site (a “Member”) by providing Limbo with accurate, complete and updated registration information (including accurate name, address, e-mail address, wireless phone, age as required by the Registration Form. Members may not (i) activate or use more than one Member account; (ii) use a false or misleading address, or e-mail address to activate or use a Member account; or (iii) present or supply false or misleading information to any entity involved in the Loot Program.
* A password is automatically allocated to each member of the Loot Program, and is sent to each new member in an SMS text message. The user name of each member is their mobile (cell) phone number. If a member changes their mobile phone number, they start a new account with the new number. Loot cannot be moved from the old account to the new account, nor can they be used in aggregate from an old account to a new account.
* Only legal U.S. residents who have reached the age of majority in their state of residence may register and participate as Members.
* Member accounts are limited to one account per individual
* Members must keep all account information current at all times. Members may update their account information by visiting the Account Information section of the Site. Members who have lost or forgotten their password should not register for another account. Instead, they should click Forgot Your Password? and enter the information requested. Members will be asked for the answer to the question the Member provided in their registration. If the Member answers correctly, they will be provided with their password via SMS and/or e-mail. An account cannot be used or accessed by multiple persons. Any duplicate accounts are subject to cancellation, and all Loot accumulated will be forfeited.
2. Membership Termination
* You understand and agree that your membership in the Loot Program is subject to and conditioned upon the following:
* Your continued adherence to these Terms and Conditions and any future modifications thereto. Failure to follow these Terms and Conditions and/or the User Terms and Conditions constitute grounds for immediate termination of your membership without further notice at Limbo's sole discretion. Termination of your Membership will result in cancellation of all accumulated Loot and all rights of access and use granted to Members. In addition, Members whose accounts have been terminated may not access the Loot Program or the Member portion of Site in any manner or for any reason.
* Members may not knowingly allow a former Member whose membership has been terminated to use their accounts.
* Limbo may, in its sole discretion, change, suspend or discontinue any aspect of the Loot Program and/or the Site at any time, including the availability of any service feature, links, Loot, database, or site content without notice, including, without limitation, should events beyond Limbo's control occur, such as: computer equipment or electronic data transmission failure, strikes, civil disturbances, acts of nature, acts of terrorism or acts of war. Limbo may cancel the Loot Program in its entirety, at any time, for any reason, in its sole discretion, without notice. Limbo may also impose limits on certain features and services or restrict any Member's access to parts or all of the Loot Program and Site without notice or liability.
* The Loot Program and the Site may be interrupted from time to time, and may not always be virus or error-free.
* Limbo reserves the right to periodically monitor Member's use of the Loot Program and the Site and may request at any time that a Member provide proof in order to verify the accuracy of information provided by the Member at the time of registration or anytime thereafter.
* The right of Limbo, in its sole discretion, to suspend or cancel, at any time and for any or no reason, a Member's membership in and access to the Loot Program or the Site.
* Members may terminate their membership at any time by sending an SMS message “STOP” to 41414.
* Limbo may, in its sole discretion, terminate or suspend any Member's access to all or part of the Loot Program and the Site including the cancellation of some or all of the Member's accumulated Loot for any or no reason, including, without limitation, breach of these Terms and Conditions or the User Terms and Conditions, or taking actions that are inconsistent with the intent of these Terms and Conditions or the terms and conditions of the User Agreement. Limbo shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms and Conditions or intent of these Terms and Conditions. Any decision Limbo makes relating to termination or suspension of any Member's account (including the cancellation of Loot) shall be final and binding.
* Limbo may also terminate any Member's account in its sole discretion if a Member has been inactive for a period of 12 months. A Member will be defined as inactive based upon lack of Loot accrual or redemption. When a Member's account has been terminated, all Loot earned shall be forfeited.
3. Accumulation of Loot
* Once you have become a Member, you can begin earning Loot by participating in one or more of the services offered by Limbo (see www.Limbo.com for details of current services and Loot accrual)
* Limbo reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Loot's value structure and offers and any merchandise or service. Limbo reserves the right to adjudicate all Loot discrepancies in its sole discretion, and the Members agree to abide with any such adjudication.
* Loot will be posted to a Member's account balance within one (1) day(s) of purchase, and will be available for redemption within one (1) days of being posted to Member's account.
4. Loot Redemption
* Loot may be redeemed for unique merchandise listed in Limbo's online catalog ("Rewards Merchandise"). Rewards Merchandise is available only while supplies last and quantities may be limited. Limbo may change at any time, and from time to time, the Rewards Merchandise available in Limbo's online catalog without notice.
* You will not be able to redeem Loot for a reward or to participate in an activity or promotion if you have insufficient Loot for such reward or activity.
* Any items received as a result of a redemption of Loot may not be exchanged or returned for cash or credit.
* Rewards Merchandise will be shipped within 30 days of redemption order. Members are responsible for payment of all shipping and handling charges associated with Rewards Merchandise.
* Loot is non-negotiable, have no cash value, and may only be redeemed for merchandise offered by Limbo in exchange for Loot. Once a Member redeems Loot, the appropriate amount of Loot will be deducted from the Member's account. Any Loot that is not redeemed within twelve (12) month(s) after such Loot was posted to Member's account will expire and no longer be valid. Limbo reserves the right to modify at any time the amount of Loot required to redeem any item or to participate in any activity.
* Members may not transfer or assign to any other person or permit anyone to make use of their membership in the Loot Program, accumulated Loot, privileges or access to the Site.
5. General
* Members are responsible for maintaining the confidentiality of their username and password. Limbo has no control over the Internet and cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Accordingly, under no circumstances will Limbo be responsible for any loss or damage incurred by any Member as the result of unauthorized interception or decryption of information transmitted to or by Limbo. Members must immediately notify Limbo of any known or suspected unauthorized use(s) of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password.
* Each Member is responsible for all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by Member or the result of Member authorizing a third party to use Member's username and password.
* Each Member agrees not to abuse the Loot Program by conduct which is detrimental to the interests of Limbo, including without limitation attempting to accumulate Loot or redeem Loot in a manner that is in breach of or inconsistent with these Terms and Conditions. Without limiting the foregoing, Members shall not: (a) activate or use more than one account; (b) use an automated system, device or program or other similar method to accumulate Loot; (c) manipulate or interfere with the Loot Program or any affiliated program in any way to wrongly accumulate or redeem Loot; (d) present false or misleading information to Limbo; (e) use or redeem Loot which is obtained in violation of these Terms and Condition or which are erroneously Credited to a Member's account; or (f) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity may have their account terminated and all Loot cancelled in Limbo's sole discretion, and the Member may be referred to appropriate law enforcement agencies if such action is deemed warranted by Limbo.
* Members must not do any of the following: (a) restrict or inhibit any other Member from enjoying the Loot Program or the Site; (b) send messages that contain viruses, worms or any other destructive element; (c) send messages that are libelous, defamatory, obscene, threatening, abusive or hateful; or (d) interfere with or infringe the copyrights, trademarks, service marks, logos or confidential information of others.
* Members may only access those portions of the Site specifically made available to Members and under no circumstances are Members permitted to use or attempt to use the Site or any portion thereof to violate it's security or the security of systems accessible through it.
* The Loot Program, merchandise, services, rewards, offers and activities are void where prohibited by law.
* Merchandise pictured on the Site may not necessarily reflect exact colors or models of actual rewards due to printing variations and/or manufacturer's updates.
* Information about products, services and/or activities on the Site is accurate to the very best of Limbo's knowledge. Limbo is not responsible for errors and/or omissions with respect to such information.
* Each Member acknowledges and agrees that Limbo shall not be responsible nor liable for any agreements between a Member and any of the Loot Program's affiliated companies with regard to items or services received by such Member as a result of a redemption of Loot, or such Member's participation in third-party promotions and/or other activities.
* Determination of any tax liability relating to accumulation and redemption of Loot is solely the responsibility of the Member.
* Personal nonpublic information that we gather from you in connection with the Loot Program or otherwise will be governed by our Privacy Policy.
* Limbo is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Loot Program in any manner including without limitation, receipt of redemption requests, Members ability to participate in the Loot Program, or posting of Loot to Member's accounts. Limbo is also not responsible for any damage to any Member's computer occasioned by participation in the Loot Program or downloading of any information necessary to participate in the Loot Program.
Terms of Service
1. ACCEPTANCE OF TERMS
Terms of Service 1. ACCEPTANCE OF TERMS Limbo, Inc. ("Limbo") welcomes you. Limbo provides its service to you subject to the following Terms of Service ("Terms of Service"), which may be updated by us from time to time without notice to you. You can review the most current version of these Terms of Service at any time at: http://www.limbo.com. In addition, when using particular Limbo owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. Limbo reserves the right to offer other services that are governed by different or additional Terms of Service. 2. DESCRIPTION OF SERVICE Limbo provides members with access to a rich collection of entertainment resources, including games, various communications tools, location based services, sweepstakes, loyalty programming, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or devices now known or hereafter developed (the "Service") as well as access to www.limbo.com (the “Site”). You also understand and agree that Limbo may provide certain communications, such as service announcements, notifications, administrative messages and the Limbo newsletter, and that these communications are considered part of Limbo membership and you will not be able to opt out of receiving them, but that you will have multiple options for how and when to receive them. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or the Service, including the release of new Limbo properties and services, shall be subject to these Terms of Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Site and/or the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Site and the Service are available for users aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement. In addition, you agree to have your parent or guardian review and accept this agreement on your behalf through the Limbo registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the Site and the Service, including any legal liability that they may incur. You also agree to: (a) provide true, accurate, current and complete information as prompted by the Limbo registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Limbo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Limbo has the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Service (or any portion thereof). Please remember that the Site and the Service are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Site or the Service areas and/or User-Generated Content (as defined in Section 6 below) are appropriate for your child. 4. LIMBO PRIVACY POLICY See Limbo’s Privacy Policy at www.limbo.com/privacy for information and notices concerning Limbo’s collection and use of your personal information. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Limbo registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Limbo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Limbo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5 and (c) never share your Limbo account password with any other person for any reason. 6. MEMBER CONDUCT As used in this Agreement, “User-Generated Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials either publicly posted or privately transmitted by members. You understand that all User Generated Content is the sole responsibility of the person from whom such User-Generated Content originated. This means that you, and not Limbo, are entirely responsible for all User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site and the Service. Limbo does not control the User-Generated Content posted via the Site and the Service and, as such, does not guarantee the accuracy, integrity or quality of such User-Generated Content. You understand that by using the Site and the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Limbo be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available via the Site and the Service. While you own all of your own User-Generated Content, except where stated otherwise in these Terms of Service or elsewhere on the Site, you hereby grant Limbo and its licensors a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant these licenses to Limbo and other Limbo members 7. RESTRICTIONS You agree to not use the Site or the Service to: (a). upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b). harm minors in any way; (c). impersonate any person or entity, including, but not limited to, a Limbo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d). forge headers or otherwise manipulate identifiers in order to disguise the origin of any Limbo content or User-Generated Content transmitted through the Site or the Service; (e). upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f). upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g). upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h). upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i). disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site or the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (j). interfere with or disrupt the Site or the Service or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service; (k). intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l). provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (m). use any robot, spider, scraper or other automated means to access the Limbo Service or Site for any purpose without our written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Limbo Service or Site.; (n). frame or utilize framing techniques to enclose any trademark, logo, or other materials from the Limbo Service without our written consent. (o). "stalk" or otherwise harass another; and/or (p). collect or store personal data about other members in connection with the prohibited conduct and activities set forth in paragraphs a through o above. (q). use the Service in connection with: (i) hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage; or (ii) any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications. 8. MEMBER ACKNOWLEDGMENTS You acknowledge and agree that Limbo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings and that You are responsible for obtaining access to the Site and the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site and the Service. You acknowledge and agree that the Limbo is not a navigational aid, and you agree and warrant that the Limbo will not be relied upon in connection with navigation. Limbo and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, or remove any User-Generated Content that is available via the Site or the Service. Without limiting the foregoing, Limbo and its designees shall have the right to remove any User-Generated Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User-Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User-Generated Content. In this regard, you acknowledge that you may not rely on any content created by Limbo or submitted to Limbo, including but not limited to User-Generated Content. You acknowledge, consent and agree that Limbo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Limbo, its users and the public. You understand that the technical processing and transmission of the Service and/or the Site, including your User-Generated Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Site, the Service and Software (as defined below) embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Limbo and/or content providers who provide content to the Site or the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Site or the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site or the Service, in whole or in part, is strictly prohibited. You agree not to access the Site or the Service by any means other than through the interface that is provided by Limbo for use in accessing the Site or the Service. 9. INTERSTATE NATURE OF COMMUNICATIONS ON LIMBO NETWORK When you register with Limbo, you acknowledge that in using Limbo Services to send electronic communications (including but not limited to email, search queries, sending messages to Limbo SHOUT or other Limbo groups, uploading photos and files augment profiles, setting a location or activity, and other Internet activities), you will be causing communications to be sent through Limbo's computer networks, portions of which are located in California and other locations in the United States. As a result, and also as a result of Limbo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the Service results in interstate data transmissions. Limbo SHOUT, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Limbo accounts located on Limbo servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other members may choose to use it to save conversations with you in their account on Limbo too. Your agreement to these Terms of Service constitute your consent to allow Limbo to store these communications on its servers. From time to time Limbo will send you notices through the Limbo SHOUT Service to let you know about important changes to the Limbo SHOUT or related Services. Such messages may not be received if you violate these Terms of Service by accessing the Site or the Service in an unauthorized manner. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site or the Service in an authorized manner. 10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User-Generated Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 11. FEEDBACK By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Limbo through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; and (b) all Feedback will be the sole and exclusive property of Limbo and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Limbo together with all intellectual property rights therein. 12. INDEMNITY You agree to indemnify and hold Limbo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any User-Generated Content you submit, post, transmit or otherwise make available through the Site or the Service, your use of the Site or the Service, your connection to the Site or the Service, your violation of these Terms of Service, or your violation of any rights of another. 13. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or the Service (including your Limbo ID), use of the Site or the Service, or access to the Site or the Service. 14. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Limbo may establish general practices and limits concerning use of the Site or the Service, including without limitation the maximum number of days that email messages, SMS messages, message or chat board postings or other uploaded User-Generated Content will be retained by the Site or the Service, the maximum number of email messages that may be sent from or received by an Member Account on the Site or the Service, the maximum size of any email message that may be sent from or received by an account on the Site or the Service, the maximum disk space that will be allotted on Limbo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or the Service in a given period of time. You agree that Limbo has no responsibility or liability for the deletion or failure to store any messages and other communications or other User-Generated Content maintained or transmitted by the Site or the Service. You further acknowledge that Limbo reserves the right to modify these general practices and limits from time to time. 15. MODIFICATIONS TO SERVICE Limbo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that Limbo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service. 16. TERMINATION You agree that Limbo may, under certain circumstances and without prior notice, immediately terminate your Limbo account, any associated email address, and access to the Site or the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site or the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Site or the Service. Termination of your Limbo account includes (a) removal of access to all offerings within the Site or the Service, including but not limited to Limbo Unique, Limbo Grab, Limbo Loot, and Limbo Shout, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Site or the Service. Further, you agree that all terminations for cause shall be made in Limbo's sole discretion and that Limbo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site or the Service. 17. DEALINGS WITH THIRD PARTIES Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Limbo shall not be 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 such advertisers on the Site or the Service. 18. LINKS The Site or the Service or third parties may provide links to other World Wide Web sites or resources. Because Limbo has no control over such sites and resources, you acknowledge and agree that Limbo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Limbo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 19. PROPRIETARY RIGHTS You acknowledge and agree that the Site and the Service and any necessary software used in connection with the Site or the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site, the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Limbo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Service or the Software, in whole or in part. 20. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF THE SITE, THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIMBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2. LIMBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICE OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE, THE SERVICE OR THE SOFTWARE WILL BE CORRECTED. 3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THE SERVICE OR THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIMBO OR THROUGH OR FROM THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE, THE SERVICE OR THE SOFTWARE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE, THE SERVICE OR THE SOFTWARE. IMMEDIATELY DISCONTINUE USE OF THE SITE, THE SERVICE OR THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 6 LIMBO IS INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE LIMBO SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. 21. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIMBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE ; OR (v) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE OR THE SOFTWARE. 22. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU. 23. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in these Terms of Service or any applicable Limbo Software License Agreement, there shall be no third party beneficiaries to this agreement. 24. NOTICE Limbo may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, SMS, mobile or postings on the Site or the Service. 25. TRADEMARK INFORMATION Limbo™, Limbo Who™, Limbo Where™, Limbo What™, Limbo Loot™, Limbo Grab™, Limbo Shout™ and the Limbo logo trademarks and service marks and other Limbo logos and product and service names (the “Limbo Marks”) are trademarks of Limbo. You may not display or use the Limbo Marks in any manner without Limbo’s prior written consent. 26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Limbo respects the intellectual property of others, and we ask our users to do the same. Limbo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"), please provide Limbo's Copyright Agent the following information : 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Limbo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent c/o Limbo Inc. 270 East Lane Burlingame, CA 94010By fax: (650) 347-4324 By email: contact us 27. GENERAL INFORMATION Entire Agreement. These Terms of Service constitute the entire agreement between you and Limbo and governs your use of the Site and the Service, superseding any prior agreements between you and Limbo with respect to the Site and the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Limbo services, affiliate services, third party content or third party software. Choice of Law and Forum. These Terms of Service and the relationship between you and Limbo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Limbo agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. Waiver and Severability of Terms. The failure of Limbo to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to these parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Limbo account is non-transferable and any rights to your Limbo ID or contents within your account terminate upon your death. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 28. VIOLATIONS Please report any violations of these Terms of Service to Member Support.
27. VIOLATIONS
Please report any violations of the TOS to Member Support.
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